France Repeals 'Marital Duty' Law, Declares Consent Mandatory Within Marriage

France Repeals 'Marital Duty' Law, Declares Consent Mandatory Within Marriage

29 January, 20264 sources compared
Europe

Key Points from 4 News Sources

  1. 1

    National Assembly approved a bill abolishing the legal concept of marital 'conjugal rights'

  2. 2

    Civil code amended to state marriage does not create an obligation for sexual relations

  3. 3

    Law establishes that consent is mandatory for any sexual act, including within marriage

Full Analysis Summary

Consent in marriage law

France’s National Assembly unanimously approved a cross-party bill that removes the legal notion of 'marital duty' and explicitly requires consent for any sexual act within marriage.

The reform amends article 215 of the Civil Code to state that the community of life 'creates no obligation for the spouses to have sexual relations.'

The bill was backed by more than 120 MPs and led by MP Marie-Charlotte Garin and Horizons group president Paul Christophe.

Supporters, including feminist campaigners, said the change clarifies that sexuality cannot be treated as a constraint and ends ambiguity that had previously allowed refusals to be treated as marital fault in divorce cases.

Coverage Differences

Emphasis/Tone

Euronews (Western Mainstream) emphasizes the legislative details and legal rationale for the amendment, citing article 215 and parliamentary backing; lnginnorthernbc.ca (Other) frames the repeal as a broader modernizing step for personal autonomy and mental-health protection; BBC (Western Mainstream) foregrounds the high-profile Pelicot case and the legal principle that silence does not imply consent, using the case to explain why the law shifted.

France marital consent reform

The legislative change responds to long-standing judicial and social ambiguities.

Euronews reports that some court rulings and social attitudes had previously allowed refusals to have sex to be treated as a marital fault in divorces.

It cites a 2019 Versailles Court of Appeal decision and a 23 January 2025 European Court of Human Rights ruling that found France had violated a woman's rights by granting a fault divorce for her refusal.

The BBC situates the reform in the context of Gisèle Pelicot’s appeal and notes that the ruling stressed that 'silence or an absence of reaction does not imply consent,' a legal point that has resonated nationally.

lnginnorthernbc.ca echoes that the repeal ends a rule previously used in divorce cases and frames the move as modernizing family law.

Coverage Differences

Legal context emphasis

Euronews (Western Mainstream) highlights specific court rulings and the European Court of Human Rights decision as drivers for the law change; BBC (Western Mainstream) emphasizes the Pelicot case and its legal principle about silence and consent; lnginnorthernbc.ca (Other) emphasizes the social and rights-based framing—'personal autonomy' and 'modernizing family law'—rather than focusing on specific court dates or appeals.

Reactions to repeal

Campaigners and legal reform supporters framed the repeal as a clarification of personal autonomy and protection of mental health.

lnginnorthernbc.ca called the change 'a major step for personal autonomy, mental-health protection and modernizing family law in a country that prides itself on human-rights ideals,' and Euronews reported supporters, including feminist campaigners, saying the reform 'clarifies that sexuality cannot be treated as a constraint.'

The BBC reported that Pelicot’s case 'has resonated nationally, prompting renewed public and legal discussion about consent and marital rape,' indicating the social impact of the legal shift.

Coverage Differences

Social framing vs. legal detail

lnginnorthernbc.ca (Other) foregrounds social benefits and rights language ('personal autonomy', 'mental-health protection'), Euronews (Western Mainstream) balances legal text change with activist support, and BBC (Western Mainstream) uses the Pelicot case to show nationwide social and legal debate. Each source thus shifts between rights-focused advocacy, legal clarification, and illustrative case-driven narrative.

Marital consent law reform

The amendment to article 215 removes ambiguity in divorce proceedings where sexual refusal had been used as a fault, with Euronews noting the amendment's explicit wording that the community of life 'creates no obligation for the spouses to have sexual relations.'

The BBC's account of the Pelicot appeal underscores the legal principle that 'silence or an absence of reaction does not imply consent,' which complements the textual change.

lnginnorthernbc.ca frames these practical effects as part of broader modernization, saying the repeal ends the longstanding legal requirement to 'maintain regular sexual relations.'

Coverage Differences

Practical implications emphasis

Euronews (Western Mainstream) quotes the exact Civil Code amendment and links it to divorce law ambiguity; BBC (Western Mainstream) emphasizes the consent principle from a case law perspective; lnginnorthernbc.ca (Other) highlights the practical cultural shift—ending the obligation to maintain regular sexual relations—and frames it as modernization. Together they present legal text, jurisprudence, and social interpretation.

Media framing of repeal

Across the sources there is broad agreement on the core facts — the Assembly's unanimous approval, removal of 'marital duty' and the emphasis on consent — but they diverge in framing and emphasis.

Euronews focuses on legislative mechanics and cites recent court rulings.

BBC centers on the Pelicot case and public debate over consent and marital rape.

lnginnorthernbc.ca adopts a rights- and modernization-oriented tone, calling the repeal 'a major step for personal autonomy.'

Readers should note these different emphases: legal detail, case-driven narrative, and rights framing respectively.

There is no clear factual contradiction across these sources in the material provided, only differences in which aspects each highlights.

Coverage Differences

Framing/Narrative

Euronews (Western Mainstream) focuses on law text and court rulings, BBC (Western Mainstream) foregrounds an individual's appeal and societal debate, and lnginnorthernbc.ca (Other) frames the change primarily as a rights- and modernization-oriented win—each source thus shapes readers' understanding by selecting different focal points while reporting the same legislative outcome.

All 4 Sources Compared

BBC

France moves to abolish concept of marital duty to have sex

Read Original

Euronews

France approves bill ending ambiguity over 'marital duty' and consent

Read Original

lnginnorthernbc.ca

It’s about time, France!: the “conjugal duty” of having sexual relations within marriage ends

Read Original

Vox News Albania

France repeals medieval law: Sex in marriage will no longer be mandatory

Read Original